LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeFinancial CodeDiv. 7Ch. 1Art. 3§ 18040 Industrial Loan Company Real Property

§ 18040 Industrial Loan Company Real Property

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 18040 Industrial Loan Company Real Property

This law lets an industrial loan company own real estate only for four limited reasons, such as using it for its own business premises.

Key Takeaways

  • •An industrial loan company may own real property only for specific purposes listed in the statute.
  • •When the property is used for the company's own business location, the total investment cannot exceed one‑third of its paid‑up capital plus surplus not for dividends.
  • •The restriction does not apply to property that is acquired solely for leasing under Section 18310.

Example

A loan company wants to buy a small office building to house its staff and operations.

The company may purchase the building as long as the total amount it spends on the building, leasehold improvements, furniture, and other needed items does not go over one‑third of its paid‑up capital stock plus any surplus that cannot be paid as dividends.

How to Calculate

Allowed investment = (1/3) × (Paid‑up capital stock + Surplus not available for dividends)

  1. Determine the company's paid‑up capital stock amount.
  2. Determine the surplus that is not available for dividends.
  3. Add the two amounts together.
  4. Multiply the sum by one‑third to get the maximum dollar amount the company can invest in the property.

Company has $30 million in paid‑up capital stock and $12 million of surplus that cannot be distributed as dividends.

Result: $14 million

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 18040 Industrial Loan Company Real Property

An industrial loan company may purchase, hold and convey real property for the following purposes only: (a) Real property conveyed to it in satisfaction of debts previously contracted in the course of its business. (b) Real property purchased at sale under judgments, decrees or mortgage foreclosures or foreclosures of or trustees’ sales under deeds of trust under securities held by it. No company shall bid at any such sale a larger amount than is necessary to satisfy its debt and costs. (c) Real property necessary as premises for the transaction of its business. No company shall invest directly or indirectly an amount exceeding one-third of its paid-up capital stock and surplus not available for dividends as provided in Section 18319 in the lot and building in which the business of the company is carried on, leasehold improvements, furniture, fixtures, vaults, automobiles, and other personal property, necessary and proper to carry on its business. (d) The provisions of this section shall not apply to property acquired and held for lease pursuant to Section 18310. (Amended by Stats. 1989, Ch. 663, Sec. 3. Operative January 1, 1991, by Sec. 20 of Ch. 663.)

Last verified: January 11, 2026

Key Terms

industrial loan companyreal propertypaid-up capital stock and surplusSection 18319

Related Statutes

  • § 18043 Industrial Loan Property Conveyance
  • § 18041 Industrial Loan Property Sales
  • § 18042 Industrial Loan Company Premises
  • § 100002 Debt Collection Definitions
  • § 123 Property Definitions Reference

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 18040.
View Official Source